Answer: You state that you have been separated since November, 1997, but fail to state whether this is pursuant to a written Separation Agreement or not. As you probably know, generally, all property acquired during the course of the marriage is marital property (other than property acquired by inheritance, gift etc.) and in a Community […]
Answer: You state that you have been separated since November, 1997, but fail to state whether this is pursuant to a written Separation Agreement or not. As you probably know, generally, all property acquired during the course of the marriage is marital property (other than property acquired by inheritance, gift etc.) and in a Community Property or Equitable Distribution State the property will be divided equally. Therefore, if you are an a state which has one of two property division statutes, you are entitled to an equal share of all the marital property regardless of in whose name the property is held.
In order to get possession of the property, I suggest you contact an attorney-mediator in your area who is experienced in divorce matters and can provide you with specific legal counsel.
Leonard M. Weiner, Esq./Divorce Solutions